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Publications

Amicus Briefs & Petitions

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Amicus Brief Urges Ohio Court of Appeals to Uphold State’s Authority to Designate Google as a Common Carrier
Nov 17, 2025
Amicus Briefs & Petitions, Press Releases
Amicus Brief Urges Ohio Court of Appeals to Uphold State’s Authority to Designate Google as a Common Carrier
Nov 17, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in State of Ohio v. Google, urging the Fifth District Court of Appeals of Ohio to recognize the state’s authority to designate Google Search as a common carrier—just as courts and legislatures have long done for railroads, telegraphs, telephones, and other corporations that hold themselves out to serve the public. 

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Nov 17, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Files Amicus Brief Defending Congress’s Constitutional Authority to Limit Presidential Removal Power and Protect the Federal Trade Commission
Nov 14, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Files Amicus Brief Defending Congress’s Constitutional Authority to Limit Presidential Removal Power and Protect the Federal Trade Commission
Nov 14, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief led by Policy Counsel Tara Pincock, Legal Director Sandeep Vaheesan, and Jamie Crooks of Fairmark Partners defending Congress’s authority under the Constitution to restrict the President’s ability to remove officials at executive agencies and departments. The brief argues that Congress, under the Necessary and Proper Clause of Article I, has broad powers to structure the federal government and ensure that the execution of the law remains independent from direct presidential control. 

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Nov 14, 2025
Amicus Briefs & Petitions, Press Releases
OMI Urges Court to Require Google Divestitures in Ad Tech Monopoly Case
Sep 12, 2025
Amicus Briefs & Petitions, Press Releases
OMI Urges Court to Require Google Divestitures in Ad Tech Monopoly Case
Sep 12, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute submitted an amicus brief in United States v. Google, urging the court to order Google to divest part of its advertising technology businesses to restore competition and to protect publishers, advertisers, and the public.

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Sep 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Calls on the Supreme Court to Take Case Challenging Merck’s Deceptive Practices to Preserve Mumps Vaccine Monopoly
Aug 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Calls on the Supreme Court to Take Case Challenging Merck’s Deceptive Practices to Preserve Mumps Vaccine Monopoly
Aug 12, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in the Supreme Court, urging the Court to address Merck’s alleged misrepresentations to the Food and Drug Administration to extend its monopoly in the mumps vaccine market.

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Aug 12, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Amicus Brief in Ninth Circuit Challenging Monopoly in Surgical Robot Market 
Jul 30, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Amicus Brief in Ninth Circuit Challenging Monopoly in Surgical Robot Market 
Jul 30, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in the Ninth Circuit Court of Appeals warning that Intuitive Surgical is exploiting its monopoly over surgical robots to dominate markets for essential accessories—posing serious risks to hospitals, doctors, and patients. 

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Jul 30, 2025
Amicus Briefs & Petitions, Press Releases
Amicus Brief - Casino-Hotels Algorithmic Price-Fixing Case, Cornish-Adebiyi v. Caesars
Jan 29, 2025
Amicus Briefs & Petitions, Press Releases
Amicus Brief - Casino-Hotels Algorithmic Price-Fixing Case, Cornish-Adebiyi v. Caesars
Jan 29, 2025
Amicus Briefs & Petitions, Press Releases

 The Open Markets Institute filed an amicus brief in Cornish-Adebiyi v. Caesars, a case before the Third Circuit court in which casino hotels in Atlantic City used revenue management software from Cendyn Group to fix prices at high rates.

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Jan 29, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Second Amicus Brief Supporting FTC’s Nationwide Ban on Non-Compete Clauses
Jan 9, 2025
Amicus Briefs & Petitions, Press Releases
Open Markets Institute Files Second Amicus Brief Supporting FTC’s Nationwide Ban on Non-Compete Clauses
Jan 9, 2025
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in Ryan v. FTC, marking the second appellate case in which Open Markets has defended the Federal Trade Commission’s (FTC) landmark prohibition on non-compete clauses.

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Jan 9, 2025
Amicus Briefs & Petitions, Press Releases
 Open Markets Urges Third Circuit to Hold Merck to Account for Lying to FDA as a Means of Preserving Mumps Vaccine Monopoly
Nov 26, 2024
Press Releases, Amicus Briefs & Petitions
Open Markets Urges Third Circuit to Hold Merck to Account for Lying to FDA as a Means of Preserving Mumps Vaccine Monopoly
Nov 26, 2024
Press Releases, Amicus Briefs & Petitions

The Open Markets Institute filed an amicus brief with the U.S. Court of Appeals for the Third Circuit, urging the court to grant a rehearing In re Merck Mumps Vaccine Antitrust Litigation. A class of physicians alleged that Merck misled the Food and Drug Administration about the shelf-life of its vaccine and thereby kept out a competing vaccine.

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Nov 26, 2024
Press Releases, Amicus Briefs & Petitions
Open Markets Files Amicus Brief in Villages v. FTC Defending the FTC’s Ban on Non-Competes
Nov 12, 2024
Amicus Briefs & Petitions, Press Releases
Open Markets Files Amicus Brief in Villages v. FTC Defending the FTC’s Ban on Non-Competes
Nov 12, 2024
Amicus Briefs & Petitions, Press Releases

The Open Markets Institute filed an amicus brief in Villages v. FTC, one of two cases that challenge the FTC’s landmark prohibition on non-compete clauses.

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Nov 12, 2024
Amicus Briefs & Petitions, Press Releases
Amicus Brief - Algorithmic Price-Fixing Case Involving Las Vegas Hotels, Gibson v. Cendyn Group
Oct 3, 2024
Amicus Briefs & Petitions, Press Releases
Amicus Brief - Algorithmic Price-Fixing Case Involving Las Vegas Hotels, Gibson v. Cendyn Group
Oct 3, 2024
Amicus Briefs & Petitions, Press Releases

Open Markets files amicus brief in algorithmic price-fixing case involving Las Vegas hotels, Gibson v. Cendyn Group.

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Oct 3, 2024
Amicus Briefs & Petitions, Press Releases

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